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Petitioner: HAQ NAWAZ VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: HAQ NAWAZ vs THE STATE Case No.: Criminal Miscellaneous No.3 of 1989 Criminal Appeal No.666 of 1988 Date of Judgment:1989-06-12 Reported As: 1989 MLD 4797 Result: Petition allowed
JUDGMENT
JUDGMENT Haq Nawaz petitioner and his sister Mst. Zohran were convicted under section 304 Part II-P.P.C. On 27-4-1988 and sentenced to 10 years R.I.Plus fine. The trial Court found that they had exceeded their right of self-defence in committing the murders of Falak Sher and Muhammad Hussain. In para 21 of the judgment the learned trial Court found the prosecution to have failed to establish its case under section 302/3A P.P.C. The version put forth by the accused was accepted and it was held that they acted in provocation but exceeded their right of self-defence. The sentence of Mst. Zohra was suspended on 15-8--1988. 2. Suspension of sentence of Haq Nawaz petitioner is urged mainly on the ground that his wife has expired in December, 1988 leaving two minor children who are un attended and there is nobody to look after them. In support of this contention death certificate of Mst. Shima Bibi wife of the petitioner has been produced. 3. On compassionate grounds I suspend the sentence of the petitioner and admit him to bail in sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C/Duty Magistrate, Depalpur. H.B.T./H-140/L
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